Cap 442 - Administrative Appeals Board Ordinance 1
Chapter: 442 Administrative Appeals Board Ordinance Gazette Number Version Date
Long title E.R. 1 of 2012 09/02/2012
An Ordinance to establish the Administrative Appeals Board for the purpose of hearing appeals against certain
administrative decisions, to provide for the powers and procedure of the Board, and for related matters.
(Enacted 1994)
[15 July 1994] L.N. 428 of 1994
(Enacting provision omitted—E.R. 1 of 2012)
(Originally 6 of 1994)
(*Format changes—E.R. 1 of 2012)
_________________________________________________________________________________
Note:
* The format of the Ordinance has been updated to the current legislative styles.
Part: 1 Preliminary E.R. 1 of 2012 09/02/2012
(Enacted 1994)
Section: 1 Short title E.R. 1 of 2012 09/02/2012
(1) This Ordinance may be cited as the Administrative Appeals Board Ordinance.
(2) (Omitted as spent—E.R. 1 of 2012)
(Enacted 1994)
Section: 2 Interpretation E.R. 1 of 2012 09/02/2012
In this Ordinance, unless the context otherwise requires-
appellant (上訴人) means a person who initiates an appeal;
Board (委員會) means the Administrative Appeals Board established under section 5;
Chairman (主席) means-
(a) the person appointed as Chairman of the Board under section 6(1)(a); and
(b) a person presiding at an appeal;
Deputy Chairman (副主席) means a person appointed as Deputy Chairman of the Board under section 6(1)(b);
parties to the appeal (上訴當事人) means the appellant, the respondent and any other person who is bound by the
decision appealed against;
respondent (答辯人) means a person whose decision has been appealed against;
Secretary (秘書) means the Secretary to the Board appointed under section 7.
(Enacted 1994)
Section: 3 Application E.R. 1 of 2012 09/02/2012
This Ordinance applies to-
(a) the Ordinances mentioned in column 2 of the Schedule in relation to any decision of the description
mentioned in column 3; and
(b) any other decision in respect of which an appeal lies to the Board.
(Enacted 1994)
Cap 442 - Administrative Appeals Board Ordinance 2
Section: 4 Amendment of Schedule E.R. 1 of 2012 09/02/2012
(1) The Chief Executive in Council may, by order, amend the Schedule. (Amended 59 of 1999 s. 3)
(2) An order made under subsection (1) shall be published in the Gazette.
(3) Without affecting the generality of subsection (1), the power of the Chief Executive in Council to amend the
Schedule shall include a power- (Amended 59 of 1999 s. 3)
(a) to delete an Ordinance from the Schedule;
(b) to add an Ordinance to the Schedule;
(c) to amend an Ordinance mentioned in the Schedule;
(d) to amend an Ordinance at the same time that it is added to the Schedule;
(e) in the case of any amendment of the description mentioned in paragraph (c) or (d), to amend that Ordinance
so as to, and only so as to-
(i) substitute the Board for any person to whom an appeal may be made under or by virtue of that
Ordinance;
(ii) provide that any person bound by a decision shall be furnished with a statement in writing which sets
out-
(A) the reasons for the decision;
(B) the policy, if any, relied upon by the person who made the decision when the decision was made;
(iii) prescribe or, not prescribe a period within which an appeal may be made;
(iv) provide that a decision that is appealed against shall be suspended in its operation as from the day on
which notice of the appeal is lodged with the Secretary under this Ordinance until such appeal is
disposed of, withdrawn or abandoned unless the advice or notice of the decision given to any person
bound by the decision is accompanied by a statement in writing to the effect that, in the opinion of the
person who made the decision, such suspension would be contrary to the public interest;
(f) for the purposes of section 22(5), to add a note to the Schedule or to amend or repeal any note mentioned in
it.
(4) An order under this section may contain such incidental, consequential, supplemental and transitional provisions
as may be necessary or expedient for the purpose of giving effect to the order.
(Enacted 1994)
Part: 2 Board Established E.R. 1 of 2012 09/02/2012
(Enacted 1994)
Section: 5 Administrative Appeals Board E.R. 1 of 2012 09/02/2012
(1) There shall be a board called the Administrative Appeals Board.
(2) The functions of the Board are to hear and determine any appeal duly made to the Board.
(3) For the purpose of hearing any appeal the members of the Board shall comprise-
(a) the Chairman or a Deputy Chairman who shall preside; and
(b) 2 of the persons from the panel referred to in section 6(2) as the Secretary may appoint for that purpose.
(Enacted 1994)
Section: 6 Chairman, Deputy Chairman and members E.R. 1 of 2012 09/02/2012
(1) The Chief Executive shall appoint from among persons who are qualified for appointment as District Judges
under section 5 of the District Court Ordinance (Cap 336)-
(a) a Chairman of the Board; and
(b) 1, or more than 1, Deputy Chairman of the Board.
(2) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment as members of
the Board.
(3) Subject to subsection (5), a person appointed as Chairman or Deputy Chairman or to the panel of persons, shall
be appointed for a term of 3 years but may be reappointed.
(4) An appointment under this section shall be notified in the Gazette.
Cap 442 - Administrative Appeals Board Ordinance 3
(5) Any person appointed under this section may resign by notice in writing to the Chief Executive.
(6) The remuneration, if any, of the Chairman, any Deputy Chairman and members of the Board shall be determined
by the Chief Executive.
(Amended 59 of 1999 s. 3)
(Enacted 1994)
Section: 7 Secretary E.R. 1 of 2012 09/02/2012
(1) There shall be a Secretary to the Board who shall be appointed by the Chief Executive. (Amended 59 of 1999 s.
3)
(2) The Chairman may give to the Secretary such directions as he thinks fit with respect to the exercise of the
Secretary's functions under this Ordinance, either generally or in any particular case; and the Secretary shall
comply with any direction so given.
(Enacted 1994)
Section: 8 Provision where Chairman, Deputy Chairman or member
absent
E.R. 1 of 2012 09/02/2012
(1) If, for any period, the Chairman is precluded by illness, absence from Hong Kong or any other cause from
exercising his functions, the Chief Executive may appoint any Deputy Chairman to act as Chairman and as such
to exercise and perform all the functions of the Chairman during that period. (Amended 59 of 1999 s. 3)
(2) If, for any period, a Deputy Chairman presiding at an appeal or a person appointed by the Secretary under
section 5(3)(b) to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from
exercising his functions, the Secretary may appoint any Deputy Chairman or, as the case may be, any other
person from the panel referred to in section 6(2) to act in his place and in so acting, to exercise and perform all
the functions of the Deputy Chairman so presiding or of that person, during that period.
(3) The hearing of an appeal may, with the consent of the appellant and of the respondent, continue notwithstanding
a change in the membership of the Board.
(4) If the term of appointment of the Chairman or a Deputy Chairman presiding at an appeal or of any person
appointed by the Secretary under section 5(3)(b) expires during the hearing of any appeal, the Chairman or such
Deputy Chairman or such person may continue to hear the appeal until the appeal is determined.
(Enacted 1994)
Part: 3 Appeals to the Board E.R. 1 of 2012 09/02/2012
(Enacted 1994)
Section: 9 Appeals to the Board E.R. 1 of 2012 09/02/2012
Any person who may appeal to the Board under a provision of an Ordinance and wishes to do so shall lodge with the
Secretary a notice of appeal in such form and manner as the Chairman may determine- (Amended 23 of 2002 s. 13)
(a) in the case where a period within which an appeal may be made is prescribed by or by virtue of any
Ordinance, within that period;
(b) in the case where no such period is prescribed, within 28 days after receiving notice of the decision.
(Enacted 1994)
Section: 10 Secretary to serve notice of appeal on respondent E.R. 1 of 2012 09/02/2012
The Secretary shall serve a copy of a notice lodged with him under section 9 on-
(a) the respondent within 14 days after a notice of appeal is so lodged, or such longer period as the Chairman,
on application, may allow in any particular case; and
(b) any person, other than the appellant, who appears to the Secretary to be a person who-
(i) is bound by the decision appealed against; or
(ii) before the decision appealed against was made, had made representations to the respondent in relation
Cap 442 - Administrative Appeals Board Ordinance 4
to the subject-matter of that decision,
within 28 days after a notice of appeal is so lodged, or such longer period as the Chairman, on application,
may allow in any particular case.
(Enacted 1994)
Section: 11 Respondent to furnish information E.R. 1 of 2012 09/02/2012
(1) The respondent shall, within 14 days after the service upon him of a copy of a notice of appeal under section 10,
inform the Secretary in writing of the name and address of any person, other than the appellant, who-
(a) is bound by the decision appealed against; or
(b) before the decision appealed against was made, had made representations to the respondent in relation to the
subject-matter of that decision.
(2) A copy of a notice of appeal served under section 10 may be accompanied by an order of the Chairman, made in
such form as the Chairman may determine, that the respondent shall within 28 days after the service upon him of
a copy of notice of appeal under section 10 lodge with the Secretary, the appellant and any person of the
description mentioned in subsection (1)(a)-
(a) a statement in writing relating to the decision that sets out-
(i) the reasons for the decision to which the appeal relates;
(ii) the policy, if any, relied upon by the respondent when such decision was made;
(iii) the particulars of any evidence or other thing considered and relied upon by the respondent when such
decision was made;
(iv) the findings on material questions of fact relating to the decision;
(v) whether or not the appellant was made aware of the matters referred to in subparagraphs (i) to (iv)
when such decision was made; and
(b) a description of every document or part of a document that is in the possession or under the control of the
respondent-
(i) which is considered by him to relate to the appeal;
(ii) in respect of which he wishes to claim privilege as to disclosure,
and the respondent shall, subject to section 14, comply with such order.
(3) Where a statement is lodged under subsection (2)(a) and-
(a) before the Board starts to hear the appeal, the Chairman; or
(b) after the Board starts to hear the appeal, the Board,
considers that the statement does not contain adequate information, the Chairman or the Board, as the case may
be, may order the respondent to serve on the appellant and any person of the description mentioned in subsection
(1)(a), and to lodge with the Secretary within the time specified in the order, such other information as he or it
may specify and the respondent shall, subject to section 14, comply with such order.
(4) Where, after the end of the period of 28 days mentioned in subsection (2) and-
(a) before the Board starts to hear the appeal, the Chairman; or
(b) after the Board starts to hear the appeal, the Board,
is of the opinion that a particular document described in a statement lodged under subsection (2)(b) or a
document included in a particular class of documents and so described may be relevant to the appeal and a copy
of that document has not been lodged with the Secretary by the respondent, the Chairman or the Board, as the
case may be, may serve on the respondent a notice in writing stating that he or it is of that opinion and ordering
the respondent to lodge with the Board, within the time specified in the notice, a copy of that document if it is in
the possession or under the control of the respondent and the respondent shall, subject to section 14, comply with
such order.
(Enacted 1994)
Section: 12 Further particulars E.R. 1 of 2012 09/02/2012
(1) If any of the parties to the appeal requires further particulars from any of the other parties, he may, with the
approval of the Chairman, within 14 days after the service on him by the Secretary of a copy of the notice of
appeal under section 10 or such longer period as the Chairman, on application, may allow in any particular case,
serve notice on such of the other parties specifying the further particulars required, and such of the other parties
shall, subject to section 14, within 14 days after notice is served under this section or such longer period as the
Cap 442 - Administrative Appeals Board Ordinance 5
Chairman, on application, may allow in any particular case, furnish such particulars and lodge a copy of such
particulars with the Chairman.
(2) A notice served under this section shall have effect as if it were a lawful order, requirement or direction of the
Chairman.
(Enacted 1994)
Section: 13 Inspection of documents E.R. 1 of 2012 09/02/2012
(1) Any of the parties to the appeal may, with the approval of the Chairman, at any time serve notice on any of the
other parties to produce any document relating to the appeal for his inspection and to permit him to take copies
thereof and such of the other parties shall, subject to section 14, within 14 days after the notice is served, or such
longer period as the Chairman, on application, may allow in any particular case, so produce and permit.
(2) A notice served under this section shall have effect as if it were a lawful order, requirement or direction of the
Chairman.
(Enacted 1994)
Section: 14 Privilege against disclosure E.R. 1 of 2012 09/02/2012
(1) A respondent shall, for the purposes of an appeal, have the same privileges in respect of disclosure of
information, particulars and documents as if the proceedings were proceedings before a court of law; and the
Board may, on the application of the appellant or of any person of the description mentioned in section 11(1)(a),
give directions relating to-
(a) the disclosure to the appellant or to any such person of any information, matter or particular referred to in
section 11 or 12; or
(b) the provision or the production to the appellant or to any such person of a document or part of a document
or a copy of a document or a copy of part of a document referred to in section 11 or 13; or
(c) the inspection by the appellant or by any such person of any such document, copy or part.
(2) An appellant and any person of the description mentioned in section 11(1)(a) shall, for the purposes of an appeal,
have the same privileges in respect of disclosure of information, particulars and documents as if the proceedings
were proceedings before a court of law; and the Board may, on the application of any of the parties to the appeal,
give directions relating to-
(a) the disclosure to any such party of any information, matter or particular referred to in section 12; or
(b) the provision or the production to any such party of a document or part of a document or a copy of a
document or a copy of part of a document referred to in section 13; or
(c) the inspection by any such party of any such document, copy or part.
(3) The Board shall not give directions under this section without affording the party in respect of whom the
directions are to be given an opportunity to make representations to it.
(4) For the purposes of this section, the question, in any particular case-
(a) as to whether the Board should give directions under this section; and
(b) where the Board gives directions, as to whether those directions were properly given,
shall be a question of law.
(Enacted 1994)
Section: 15 Evidence on summons E.R. 1 of 2012 09/02/2012
Any of the parties to an appeal may at any time, by application in such form as the Chairman may determine, request
the Board to issue a notice in writing to any person named in the application requiring him to appear before the Board
to give evidence and to produce any document relating to the appeal that is in his possession or under his control.
(Enacted 1994)
Section: 16 Date, time and place of hearing E.R. 1 of 2012 09/02/2012
Where notice of appeal is lodged, the Secretary shall fix the date, time and place of the hearing of the appeal so as to
enable the hearing to commence as soon as is reasonably practicable and shall, not less than 28 days before the date so
Cap 442 - Administrative Appeals Board Ordinance 6
fixed, serve on the parties to the appeal notice of the date, time and place in such form as the Chairman may
determine.
(Enacted 1994)
Section: 17 Hearings to be in public except in special circumstances E.R. 1 of 2012 09/02/2012
(1) Subject to subsections (2) and (3), the hearing of an appeal to the Board shall be in public.
(2) Where the Board hearing an appeal, after consulting the parties to the appeal, is satisfied that it is desirable to do
so, it may by order-
(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who
may be present; and
(b) give directions prohibiting or restricting the publication or disclosure to some or all of the parties to the
appeal, or to some or all of the persons who may be present, of evidence given before the Board or of any
matter contained in any document lodged with the Board or received in evidence by the Board, whether or
not it has given directions under section 14 in respect of any such evidence, matter or document.
(3) In the making of an order under subsection (2), the Board, without affecting the generality of that subsection,
shall in determining whether or not it is desirable to make an order, take into account any views of the parties to
the appeal, including the private interests of and any claim as to privilege by any of those parties.
(4) For the purposes of this section, any question in relation to a claim by any party as to privilege shall be a
question of law.
(Enacted 1994)
Section: 18 Appearance before Board E.R. 1 of 2012 09/02/2012
The parties to an appeal may appear and be present at the hearing of the appeal and may make representations or be
represented either by a barrister or a solicitor or, with the approval of the Secretary, by any other person authorized by
any of the parties in writing. The respondent may be represented by a legal officer within the meaning of the Legal
Officers Ordinance (Cap 87).
(Enacted 1994)
Section: 19 Abandonment of appeal E.R. 1 of 2012 09/02/2012
(1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Secretary.
(2) When lodging a notice under subsection (1), the appellant shall at the same time serve a copy of such notice on
the other parties to the appeal.
(Enacted 1994)
Section: 20 Failure of appellant to attend hearing E.R. 1 of 2012 09/02/2012
(1) If on the day and time fixed for the hearing of the appeal the appellant fails to attend the hearing or fails to make
representations either in person or by counsel or a solicitor or by some other person, the Board may-
(a) if satisfied that the appellant's failure to attend was due to sickness or any other reasonable cause, postpone
or adjourn the hearing for such period as it thinks fit;
(b) proceed to hear the appeal; or
(c) by order dismiss the appeal.
(2) Where the appeal is dismissed by the Board under subsection (1)(c) the appellant may, within 28 days after the
making of the order for dismissal, by notice in writing lodged with the Secretary, apply to the Board to review
the order and the Board may, if satisfied that the appellant's failure to attend the hearing was due to sickness or
any other reasonable cause, set aside the order for dismissal.
(3) When lodging a notice under subsection (2), the appellant shall at the same time serve a copy of such notice on
the other parties to the appeal.
(Enacted 1994)
Cap 442 - Administrative Appeals Board Ordinance 7
Section: 20A Language E.R. 1 of 2012 09/02/2012
(1) The hearing of an appeal to the Board may be conducted in the English or Chinese language or both as the Board
thinks fit.
(2) Notwithstanding subsection (1)-
(a) any party to an appeal or any person authorized by any party under section 18 to appear before the Board
may address the Board in any language;
(b) any witness testifying before the Board may testify in any language.
(Added 51 of 1995 s. 16)
Section: 21 Conduct of proceedings E.R. 1 of 2012 09/02/2012
(1) For the purposes of an appeal, the Board may-
(a) subject to this Ordinance and to rules made by the Chairman under section 30 determine its own procedure;
(b) receive and consider any material, whether by way of oral evidence, written statements, documents or
otherwise, whether or not such material would be admissible in evidence in civil or criminal proceedings;
(c) by notice in writing signed by the Secretary, require any person to attend before it at any hearing and to give
evidence and produce documents;
(d) administer oaths and affirmations;
(e) examine on oath, affirmation or otherwise any person attending before it and require such person to answer
all questions put by or with the consent of the Board;
(f) determine the manner in which the material referred to in paragraph (b) shall be received;
(g) with the consent of the parties to the appeal, determine the appeal without an oral hearing on the basis of
written submissions only;
(h) if it appears to the Board that the respondent has reversed the decision appealed against, determine the
appeal summarily in favour of the appellant without a hearing and without calling on anyone to attend or to
appear before it;
(i) adjourn the determination of any appeal as it may deem fit;
(j) subject to subsection (2), confirm, vary or reverse the decision that is appealed against or substitute therefor
such other decision or make such other order as it may think fit;
(k) subject to section 22, make an award to any of the parties to the appeal of such sum, if any, in respect of the
costs of and relating to the appeal;
(l) pay an allowance for the expenses of any witness summoned under this Ordinance;
(m) do all things-
(i) ancillary to the powers conferred by this section; or
(ii) reasonably necessary for the discharge of its functions under this Ordinance.
(2) The Board, in the exercise of its powers under subsection (1)(j), shall have regard to any statement of policy
lodged by the respondent with the Secretary under section 11(2)(a)(ii), if it is satisfied that, at the time of the
making of the decision being the subject of the appeal, the appellant was or could reasonably have been expected
to be aware of the policy.
(3) The Board, on the determination of any appeal, may order that the case being the subject of the appeal as so
determined be sent back to the respondent for the consideration by the respondent of such matter as the Board
may order.
(Enacted 1994)
Section: 22 Provision relating to costs and witness expenses E.R. 1 of 2012 09/02/2012
(1) The Board shall only make an award as to costs under section 21(1)(k)-
(a) against an appellant, if it is satisfied that he has conducted his case in a frivolous or vexatious manner; and
(b) against any other party to the appeal, if it is satisfied that in all the circumstances of the case it would be
unjust and inequitable not to do so.
(2) Any sum awarded under section 21(1)(k) to any of the parties to the appeal shall be a debt due to those parties
from such of the other parties to the appeal as the Board may order and be enforceable as a civil debt; and any
sum payable by a public officer in right of the Government of Hong Kong or any public body or body
established by or by virtue of any enactment shall, subject to subsection (5), be charged on the general revenue.
Cap 442 - Administrative Appeals Board Ordinance 8
(3) Any sum payable under section 21(1)(l) as an allowance for the expenses of any witness shall be a charge
against such of the parties to the appeal as the Board may order and be enforceable as a civil debt; and any sum
payable by a public officer in right of the Government of Hong Kong or any public body or body established by
or by virtue of any enactment shall, subject to subsection (5), be charged on the general revenue.
(4) The Board-
(a) may assess the amount of costs to be awarded under section 21(1)(k); or
(b) may order that those costs be taxed on the basis of any one of the scale of costs specified in Part I of
Schedule 1 to Order 62 of the Rules of the District Court (Cap 336 sub. leg. H), (Amended 25 of 2008 s.
18)
and the Schedules to Order 62 of the Rules of the High Court (Cap 4 sub. leg. A) shall apply to the award,
taxation and recovery of costs. (Amended 25 of 1998 s. 2)
(5) Any sum payable under subsection (2) or (3) by any public body or body established by or by virtue of any
enactment, that is specified in a note in the Schedule for the purposes of this subsection shall not be charged on
the general revenue but shall, instead, be a charge against that public body or body so specified.
(Enacted 1994)
Section: 23 Questions to be decided by majority E.R. 1 of 2012 09/02/2012
Every question before the Board, except a question of law, shall be determined by the opinions of the majority of
members hearing the appeal. Questions of law shall be determined by the Chairman.
(Enacted 1994)
Section: 24 Case may be stated for Court of Appeal E.R. 1 of 2012 09/02/2012
(1) The Board may, before an appeal is determined, refer any question of law arising in the appeal to the Court of
Appeal for determination by way of case stated.
(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Board for
amendment in such manner as the Court of Appeal may order and the Board shall comply with such order.
(Enacted 1994)
Section: 25 Decision of the Board E.R. 1 of 2012 09/02/2012
(1) The Board shall give reasons in writing for its decisions, and those reasons shall include its findings on material
questions of fact and a summary of the evidence or other material on which those findings were based.
(2) The Secretary shall serve a copy of the Board's decision and of the reasons for its decision on the parties to the
appeal.
(3) Where the Board orders that its decision is not to come into operation until a specified date, the decision comes
into operation on that date; in other cases, the decision of the Board comes into operation immediately the
decision is given.
(4) A document purporting to be a copy of a decision or order of the Board and to be certified by the Secretary to be
a true copy of the decision or order is admissible in any proceedings as evidence of the decision or order.
(Enacted 1994)
Part: 4 Miscellaneous E.R. 1 of 2012 09/02/2012
(Enacted 1994)
Section: 26 Immunity E.R. 1 of 2012 09/02/2012
(1) The Chairman, Deputy Chairmen and members of the Board have, in the performance of their duties under this
Ordinance, the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in
that court.
(2) A witness before the Board shall be entitled to the same privileges and immunities as if he were a witness in
civil proceedings in the Court of First Instance.
Cap 442 - Administrative Appeals Board Ordinance 9
(Amended 25 of 1998 s. 2)
(Enacted 1994)
Section: 27 Extension of time limits E.R. 1 of 2012 09/02/2012
(1) Notwithstanding section 9, the Chairman may, upon application in writing by a person and if satisfied that there
is good cause for doing so, extend the time within which that person may appeal to the Board under this or any
other Ordinance.
(2) Notwithstanding anything in this Ordinance, upon application in writing by a party to an appeal to the Board and
if satisfied that there is good cause for doing so-
(a) the Chairman may, before the Board starts to hear the appeal; and
(b) the Board may, after the Board starts to hear the appeal,
extend the time within which that party is required or permitted to do anything under this Ordinance.
(3) The power to extend the time under subsection (1) or (2) may be exercised by the Chairman or by the Board, as
the case may be, although the application for that extension is not made until after the expiration of the time to
which the application relates.
(Enacted 1994)
Section: 28 Offences relating to the Board E.R. 1 of 2012 09/02/2012
Any person who-
(a) refuses or fails to comply with-
(i) any lawful order, requirement or direction of the Board or the Chairman; or
(ii) the requirement of any rule made by the Chairman under section 30; or
(b) disturbs or otherwise interferes with the proceedings of the Board,
commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(Amended E.R. 1 of 2012)
(Enacted 1994)
Section: 29 Giving of notices E.R. 1 of 2012 09/02/2012
Where this Ordinance authorizes or requires any document to be served or any notice to be given, the document may
be served or the notice may be given by post.
(Enacted 1994)
Section: 30 Chairman may make rules E.R. 1 of 2012 09/02/2012
The Chairman, with the prior approval of the Chief Justice, may make rules-
(a) providing for the practice and procedure applying to proceedings before the Board;
(b) relating to the payment of allowances for expenses of witnesses under section 21(1)(l);
(c) generally for the better carrying out of this Ordinance.
(Enacted 1994)
Section: 31 Transitional E.R. 1 of 2012 09/02/2012
(1) Any right of appeal subsisting immediately before the commencement of section 9 under a provision in an
Ordinance amended by this Ordinance shall be treated as being a right of appeal to the Board under that
provision as so amended.
(2) Any appeal pending immediately before the commencement of section 9 under a provision in an Ordinance
amended by this Ordinance shall be treated and disposed of as if it were an appeal pending to the Board under
that provision as so amended.
(Enacted 1994)
Cap 442 - Administrative Appeals Board Ordinance 10
Part: 5 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 32 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 33 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 34 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 35 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 36 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 37 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 38 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 39 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 40 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 41 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 42 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 43 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 44 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 45 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 46 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 47 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Cap 442 - Administrative Appeals Board Ordinance 11
Section: 48 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 49 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 50 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 51 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 52 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 53 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 54 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 55 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 56 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 57 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 58 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 59 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Section: 60 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012
Schedule: Schedule E.R. 1 of 2015 29/01/2015
[sections 3, 4 & 22]
Item Ordinance Decision
1. Apprenticeship Ordinance (Cap
47)
A decision of the Director of Apprenticeship or any public officer
in the performance or exercise of any function, duty or power
under the Ordinance.
2. Boilers and Pressure Vessels
Ordinance (Cap 56)
(a) The revocation or suspension of an appointment as a boiler
inspector, air receiver inspector or pressurized fuel container
inspector under section 5A. (Amended 15 of 2002 s. 8)
(b) A decision of the Boilers and Pressure Vessels Authority on
Cap 442 - Administrative Appeals Board Ordinance 12
the issue or endorsement of a certificate of competency under
section 6(1)(a) or (3A)(a). (Added 15 of 2002 s. 8)
(c) A decision of the Boilers and Pressure Vessels Authority to
revoke or amend a certificate of competency under section
6(4)(a) or (b), as the case may be. (Added 15 of 2002 s. 8)
3. Employment Ordinance (Cap 57) A decision of the Commissioner for Labour under section 53(1) to
refuse to issue or renew or to revoke a licence to operate an
employment agency.
4. Factories and Industrial Undertakings
Ordinance (Cap 59)
(a) An exemption by the Commissioner for Labour under section
7(4) of an industrial undertaking from any regulation.
(b) An order by the Commissioner for Labour under section 7(4),
for an industrial undertaking to adopt special precautions in
addition to any precautions required by any regulation.
(c) Under section 9A-
(i) the issue by the Commissioner for Labour of a
prohibition notice in respect of a notifiable workplace;
(ii) a refusal by the Commissioner for Labour to cancel a
prohibition notice;
(iii) the giving by the Commissioner for Labour of any
direction upon the cancellation of a prohibition notice.
(d) (Repealed 39 of 1997 s. 49)
5. Quarries (Safety) Regulations (Cap 59
sub. leg. F)
(a) A refusal by the Commissioner for Labour to approve any
person as a supervisor or deputy supervisor under regulation
4(1) or 6(1).
(b) A withdrawal by the Commissioner for Labour of his
approval of a supervisor or deputy supervisor under
regulation 10(1).
6. Factories and Industrial Undertakings
(Safety Officers and Safety
Supervisors) Regulations (Cap 59 sub.
leg. Z)
(a) A refusal by the Commissioner for Labour to register a
person as a safety officer under regulation 7.
(b) The cancellation by the Commissioner for Labour of a
person's registration as a safety officer under regulation 9.
(c) The suspension by the Commissioner for Labour of a
person's registration as a safety officer under regulation 10.
(d) A refusal by the Commissioner for Labour to renew or
revalidate a person's registration as a safety officer under
regulation 7B. (Added L.N. 100 of 2002)
7. Weights and Measures Ordinance
(Cap 68)
A decision of the Commissioner, as defined in section 2, or of an
authorized officer which is taken in the exercise or performance
of any function under the Ordinance.
8. Miscellaneous Licences Ordinance
(Cap 114)
The decision under section 5 of any officer authorized to issue a
licence under the Ordinance as to the grant of a licence, the
renewal of a licence or the revocation of a licence.
9. Control of Chemicals Ordinance (Cap
145)
(Amended 23 of 2002 s. 14)
A decision of the Commissioner, as defined in section 2(1), under
the Ordinance, relating to-
(a) the issue of a licence or permit;
(b) the refusal to issue a licence or permit;
(c) the cancellation or suspension of a licence or permit;
(d) the cancellation or variation of any condition or the
specification of a new condition in a licence or permit.
Cap 442 - Administrative Appeals Board Ordinance 13
10. Gambling Ordinance (Cap 148) The decision under section 22 of the public officer appointed by
the Secretary for Home Affairs as to the grant of a licence, the
renewal of a licence, the imposition of conditions of a licence or
the cancellation of a licence. (Amended 17 of 2011 s. 28)
11. Chinese Temples Ordinance (Cap
153)
(a) The refusal by the Chinese Temples Committee under section
4 to grant an exemption from section 4(1).
(b) The withdrawal by the Chinese Temples Committee under
section 4 of an exemption granted under section 4(1).
12. Weapons Ordinance (Cap 217) A decision of the Commissioner of Police under section 9(1) to
order the delivery up to him or seizure of any martial arts weapon.
13. Travel Agents Ordinance (Cap 218) A decision of the Registrar of Travel Agents-
(a) to refuse to grant a licence under section 12(1);
(b) to impose conditions on a licence under section 11(1) or
18;
(c) to refuse consent to a change of ownership or control
under section 18(c);
(d) to suspend or revoke a licence under section 19.
14. Firearms and Ammunition Ordinance
(Cap 238)
(a) A decision of the Commissioner of Police refusing to grant a
licence under section 30 or to renew a licence under section
32.
(b) A decision of the Commissioner of Police, under section 33,
cancelling a licence or varying or revoking any condition
attached thereto or adding any further condition or deleting
any premises from a dealer's licence at which business may
be carried on.
(c) The imposition of a condition of licence which is considered
to be unreasonable.
(d) A decision of the Commissioner referred to in section
34(1AA). (Added 14 of 2000 s. 33)
(e) The imposition of a term or condition under section 4(3),
12(4), 12A(3), 27A(1), 29 or 46C(3), which is considered to
be unreasonable. (Added 14 of 2000 s. 33)
15. Massage Establishments Ordinance
(Cap 266)
A decision of the licensing authority under section 6, 7, 8 or 9.
16. Grant Schools Provident Fund Rules
(Cap 279 sub. leg. C)
A question of interpretation or application of the Rules.
17. Subsidized Schools Provident Fund
Rules (Cap 279 sub. leg. D)
A decision of the Board under the Rules.
18. Mining Ordinance (Cap 285) The cancellation of an Authorized Buyer's Licence under section
41.
19. Mining (General) Regulations (Cap
285 sub. leg. A)
A decision of the Commissioner of Mines under regulation
30(4A)(a) specifying the rate per tonne at which royalty shall be
payable in respect of minerals and the period for which it shall be
payable.
20. Dangerous Goods Ordinance (Cap
295)
A decision under section 9 of an officer authorized under the
Ordinance to issue a licence-
(a) to refuse to grant a licence;
Cap 442 - Administrative Appeals Board Ordinance 14
(b) to refuse to renew a licence; or
(c) to revoke a licence.
21. Dangerous Goods (General)
Regulations (Cap 295 sub. leg. B)
Prohibiting or imposing conditions on the continued use of a
storage tank under regulation 127.
22. Business Registration Ordinance (Cap
310)
(a) The service of a notice under section 3(4) by the
Commissioner of Inland Revenue that a person is to be
deemed to be a person carrying on business.
(b) The service of a notice under section 3(4AA) by the
Commissioner of Inland Revenue that a person is to be
deemed to be a person carrying on business at a branch of a
business.
(c) The service of a notice under section 6(4D) by the
Commissioner of Inland Revenue requesting a person to
notify a change to a different name. (Replaced 13 of 2010 s.
28)
(d) The service of a notice under section 9(5) by the
Commissioner of Inland Revenue that an exemption is not
granted. (Added 23 of 2002 s. 14)
23. Motor Vehicles (First Registration
Tax) Ordinance (Cap 330)
A decision of the Commissioner for Transport under the
Ordinance.
24. Animals (Control of Experiments)
Ordinance (Cap 340)
A refusal to issue a licence, endorsement or permit under section
7, 8, 9, 10 or 14.
25. Chinese Permanent Cemeteries Rules
(Cap 1112 sub. leg. A)
A decision of the Board of Management of the Chinese
Permanent Cemeteries not to withdraw a notice in rule 12(2)
regarding reversion of a subscriber lot to the Board.
Note: The Board of Management of the Chinese Permanent
Cemeteries is specified for the purpose of section 22(5) of
this Ordinance.
26. Sewage Services Ordinance (Cap 463) A decision of the Drainage Authority under the Ordinance.
(Added 105 of 1994 s. 15)
27. Timber Stores Ordinance (Cap 464) A decision of the Director relating to-
(a) an application for a licence under section 4;
(b) an application for transfer of a licence under section 5;
(c) the revocation, suspension, refusal to renew or transfer;
amendment or variation of conditions of a licence under
section 8. (Added 11 of 1995 s. 23)
28. Marine Parks Ordinance (Cap 476) A decision of the Country and Marine Parks Authority under
section 11 or 22 of the Ordinance. (Added 37 of 1995 s. 36)
29. Personal Data (Privacy) Ordinance
(Cap 486)
A decision of the Privacy Commissioner for Personal Data-
(a) to impose conditions on his consent to the carrying out
of a matching procedure under section 32(1)(b)(i);
(b) to refuse to consent to the carrying out of a matching
procedure under section 32(1)(b)(ii);
(c) to refuse under section 39(3) to carry out an
investigation initiated by a complaint; (Amended 18 of
2012 s. 44)
(ca) to terminate under section 39(3A) an investigation
initiated by a complaint; (Added 18 of 2012 s. 44)
Cap 442 - Administrative Appeals Board Ordinance 15
(d) not to delete under section 46(5) a matter from a report
under the Ordinance;
(e) not to serve an enforcement notice under section 47;
(f) to serve an enforcement notice under section 50.
(Added 81 of 1995 s. 73)
30. Dutiable Commodities Ordinance
(Cap 109)
A decision of the Commissioner of Customs and Excise under
section 7, 26, 26A or 29. (Added 46 of 1996 s. 43)
31. Dogs and Cats Ordinance (Cap 167) (a) A decision by a police officer or an authorized officer under
section 6(1)(c)(i) or (ii) to destroy a dog.
(b) A decision by an authorized officer under section 9 in
specifying the place or period of detention of a dog or cat or
any other thing under this Ordinance.
(c) A decision by an authorized officer under section 10 to vary
the period of detention of a dog or cat or any other thing
under this Ordinance.
(d) A decision by an authorized officer under section 11(1) to
refuse an application for the removal from detention under
this Ordinance of a dog or cat or any other thing.
(e) A decision by the Director under section 11(2) to order the
forfeiture of a dog or cat or any other thing.
(f) A decision by the Director under section 17(2) to impose any
condition in granting an exemption under section 17. (Added
97 of 1997 s. 11)
32. Road Traffic (Registration and Licensing
of Vehicles) Regulations (Cap 374 sub.
leg. E)
A decision of the Commissioner for Transport under regulation
12L(1). (Added 25 of 2005 s. 40)
33. Child Care Services
Ordinance (Cap 243)
A decision of the Director of Social Welfare-
(a) under section 7(2), refusing an application for
registration;
(b) under section 9, cancelling a registration;
(c) under section 11B(3), refusing an application for
exemption from registration;
(d) under section 11D, revoking an exemption from
registration;
(e) under section 15B(2), determining a person to be
unsuited to act as a childminder;
(f) under section 15C(4), refusing a request for the issue of
a certificate;
(g) under section 15D(4), refusing to make a declaration
that a person should no longer be deemed unsuited to act
as a childminder. (Added 38 of 1997 s. 19)
34. Wild Animals Protection Ordinance
(Cap 170)
A decision of the Director in relation to-
(a) the granting of or the refusal to grant a permit or a
special permit pursuant to section 13 or 15; or
(b) the cancellation of a permit or a special permit under
section 15A. (Added 77 of 1996 s. 22)
35. Occupational Safety and Health
Ordinance (Cap 509)
A decision of the Commissioner for Labour under Part III.
(Added 39 of 1997 s. 49)
Cap 442 - Administrative Appeals Board Ordinance 16
36. Ozone Layer Protection Ordinance
(Cap 403)
A decision of the Director of Environmental Protection under
section 5, 6 or 7 or under provisions of the regulations that may be
specified to be subject to an appeal under section 8. (Added 6 of
1997 s. 10)
37. Human Reproductive Technology
Ordinance (Cap 561)
(a) A determination of the Council on Human Reproductive
Technology referred to in section 28(5) to which section 28(6)
applies.
(b) The suspension of a licence under section 29. (Added 47 of
2000 s. 48)
38. Freight Containers (Safety) Ordinance
(Cap 506)
A decision of the Director-
(a) (Repealed 14 of 2006 s. 20)
(b) under section 9, that an approval shall no longer be
valid;
(c) under section 12 or 13, in an application for approval of
an examination procedure;
(d) under sections 14 to 16, in relation to control of the use
of a container;
(e) under section 23, in relation to an application for the
review of a decision of an authorized person;
(f) under section 25, in relation to any request for exemption
under that section. (Added 32 of 1997 s. 29)
39. Volunteer and Naval Volunteer Pensions
Ordinance (Cap 202)
A decision in a review under section 22. (Added 56 of 1997 s. 7)
40. Child Care Services Regulations (Cap
243 sub. leg. A)
A decision of the Director of Social Welfare under regulation 4
refusing an application for inclusion in a register or removing the
name of a person from a register. (Added L.N. 272 of 1997.
Amended 32 of 2000 s. 37)
41. Prevention of Copyright Piracy
Ordinance (Cap 544)
A decision of the Commissioner of Customs and Excise under
section 11 or 12 of the Ordinance. (Added 22 of 1998 s. 43)
42. Education Ordinance
(Cap 279)
(a) An attendance order made under section 74(1).
(b) A variation of an attendance order made under section 74(2).
(Added 8 of 2001 s. 31)
43. Merchant Shipping (Local Vessels)
Ordinance (Cap 548)
A decision of the Director of Marine-
(a) to refuse to authorize under section 7 a person as a
surveyor;
(b) to attach conditions to an authorization under section 7;
(c) to revoke an authorization under section 7;
(d) to serve a detention order;
(e) to give a direction under section 53(1)(a);
(f) to refuse to comply with a request under section 54(2);
(g) to refuse to grant permission under section 66;
(h) to attach conditions to a permission under section 66;
(i) to revoke a permission under section 66;
(j) to give a direction specified in an improvement notice
under section 73(1). (Added 43 of 1999 s. 91)
44. Dangerous Dogs Regulation
(Cap 167 sub. leg. D)
A direction by an authorized officer under section 14 of the
Regulation. (Added L.N. 185 of 2000)
45. Factories and Industrial Undertakings (a) A decision of the Commissioner for Labour to refuse to
Cap 442 - Administrative Appeals Board Ordinance 17
(Safety Management) Regulation (Cap
59 sub. leg. AF)
register a person under section 6 or to register a person under
that section subject to conditions.
(b) A decision of the Commissioner for Labour under section
24(1) to require the appointment of a new safety review
officer.
(c) A decision of the disciplinary board under section 29(2) to
reprimand a registered person, cancel the registration of a
registered person or suspend the registration of a registered
person. (Added L.N. 298 of 1999)
46. Port Control (Cargo Working Areas)
Regulations (Cap 81 sub. leg. A)
A decision of the Director or the supervisor under regulation
4A(4), 5B, 6AA, 7, 7A, 7B, 7C, 7D, 7E, 13 or 21. (Added L.N.
280 of 1999)
47. Karaoke Establishments Ordinance (Cap
573)
A decision of the Secretary for Home Affairs or the Director of
Food and Environmental Hygiene (as the case may be) under
section 5, 6, 8, 9 or 10. (Added 22 of 2002 s. 22)
48. Drug Dependent Persons Treatment and
Rehabilitation Centres (Licensing)
Ordinance (Cap 566)
A determination or decision of the Director of Social Welfare
under section 6(2)(b), 8(3)(b), 9(3)(b) or 14. (Added 10 of 2001 s.
33)
49. Road Traffic Ordinance (Cap 374) A decision of the Commissioner of Police under section 55(3).
(Added 3 of 2002 s. 17)
50. Dutiable Commodities Regulations (Cap
109 sub. leg A)
A forfeiture of security under regulation 27(2). (Added 23 of 2002
s. 14)
51. Security and Guarding Services
Ordinance (Cap 460)
A decision under section 14(5), 15(3), 16(4), 18(4), 21(2), 23(4),
24(4), 24A(13) or 25(4). (Added 23 of 2002 s. 14)
52. Merchant Shipping (Seafarers)
Ordinance (Cap 478)
A decision of the Superintendent of the Mercantile Marine Office-
(a) to refuse to grant a permit;
(b) to impose any condition under section 52(3);
(c) to refuse to approve any person for the purposes of
section 57(1); or
(d) to cancel a permit. (Added 23 of 2002 s. 14)
53. Merchant Shipping (Seafarers)
(Certification of Officers) Regulation
(Cap 478 sub. leg. J)
A decision of the Seafarers' Authority under section 8(2) or 10(2)
to refuse to issue a certificate or licence. (Added 23 of 2002 s. 14)
54. Merchant Shipping (Seafarers) (Tankers-
Officers and Ratings) Regulation (Cap
478 sub. leg. K)
A decision of the Seafarers' Authority to refuse to make an entry
referred to in section 5(2) or (3) in an employment registration
book, service record book or discharge book. (Added 23 of 2002
s. 14)
55. Merchant Shipping (Seafarers) (Engine
Room Watch Ratings) Regulation (Cap
478 sub. leg. V)
A decision of the Seafarers' Authority to refuse to issue an Engine
Room Watch Rating Certificate under section 5(1). (Added 23 of
2002 s. 14)
56. Merchant Shipping (Seafarers)
(Navigational Watch Ratings)
Regulation (Cap 478 sub. leg. W)
A decision of the Seafarers' Authority to refuse to issue a
Navigational Watch Rating Certificate under section 5(1). (Added
23 of 2002 s. 14)
57. Merchant Shipping (Seafarers)
(Certificates of Competency as A.B.)
Rules (Cap 478 sub. leg. Y)
A decision of the Seafarers' Authority-
(a) under section 6(3) to refuse an application for the grant
of a certificate of competency as A.B.; or
Cap 442 - Administrative Appeals Board Ordinance 18
(b) under section 10 (whether to confirm, vary or reverse
the decision concerned of the examiner or to substitute
another decision for that decision). (Added 23 of 2002
s. 14)
58. Merchant Shipping (Seafarers)
(Certificates of Proficiency in Survival
Craft, Rescue Boats and Fast Rescue
Boats) Rules (Cap 478 sub. leg. Z)
A decision of the Seafarers' Authority-
(a) to refuse to issue a certificate of proficiency in survival
craft and rescue boats under section 4;
(b) to refuse to issue a certificate of proficiency in fast
rescue boats under section 4A; or
(c) to cancel a certificate of proficiency in survival craft and
rescue boats or a certificate of proficiency in fast rescue
boats under section 7(2). (Added 23 of 2002 s. 14)
59. Marine Fish Culture Ordinance (Cap
353)
A decision of the Director of Agriculture, Fisheries and
Conservation-
(a) to refuse to grant or renew a licence under section 8(6);
(b) to refuse to approve the transfer of a licence under
section 8A(3)(b);
(c) to cancel a licence under section 9(1);
(d) to refuse to grant a permit under section 14(1);
(e) to cancel or refuse to renew a permit under section
14(2). (Added 10 of 2005 s. 230)
60. Land (Miscellaneous Provisions)
Ordinance (Cap 28)
A decision of the Director of Highways under section 10M(13)
relating to an assessment made under section 10M(1)(d), (g), (h)
or (i). (Added 17 of 2003 s. 15)
61. Adoption Ordinance (Cap 290) A decision of the Director of Social Welfare-
(a) on the assessment of a person's suitability to be an
adoptive parent;
(b) to terminate a placement;
(c) on a person's application to become or continue to be an
accredited body; or
(d) to suspend or revoke a person's status as an accredited
body,
as referred to in section 30. (Added 28 of 2004 s. 35)
62. Medical Clinics Ordinance (Cap 343) (a) A refusal by the Registrar of Clinics under section 8 to grant
or renew an exemption in respect of a clinic.
(b) A cancellation by the Registrar of Clinics under section 8 of
an exemption granted in respect of a clinic.
(c) An order by the Registrar of Clinics under section 11 to
refuse an application for the registration of a clinic or to
cancel the registration of a clinic. (Added 10 of 2005 s. 7)
63. Protection of Endangered Species of
Animals and Plants Ordinance (Cap 586)
A decision of the Director of Agriculture, Fisheries and
Conservation, the Deputy Director of Agriculture, Fisheries and
Conservation or an Assistant Director of Agriculture, Fisheries and
Conservation relating to-
(a) the refusal to issue a licence under section 23;
(b) an application to extend or renew a licence under section
24;
(c) an application to vary a licence under section 24;
(d) any condition specified in a licence issued under section
23 or extended, renewed or varied under section 24; or
Cap 442 - Administrative Appeals Board Ordinance 19
(e) the cancellation of a licence under section 26. (Added 3
of 2006 s. 58)
64. Merchant Shipping (Security of Ships
and Port Facilities) Ordinance (Cap 582)
A decision of the Director of Marine under section 7(1)(a) or (c)
or 8(2). (Added 13 of 2004 s. 18)
65. Merchant Shipping (Security of Ships
and Port Facilities) Rules (Cap 582 sub.
leg. A)
A decision of the Director of Marine under rule 27(1). (Added
L.N. 130 of 2004)
66. Accreditation of Academic and
Vocational Qualifications Ordinance
(Cap 592)
A decision of the Secretary for Education- (Amended L.N. 130 of
2007)
(a) not to re-appoint an assessment agency under section
8(1);
(b) on the length of a term of re-appointment specified under
section 8(1)(b);
(c) to impose any conditions or restrictions under section
8(1)(c) in re-appointing an assessment agency; and
(d) to cancel an appointment or re-appointment under
section 8(5). (Added 6 of 2007 s. 51)
67. Genetically Modified Organisms
(Control of Release) Ordinance (Cap
607)
(a) A decision of the Director of Agriculture, Fisheries and
Conservation, the Deputy Director of Agriculture, Fisheries
and Conservation or an Assistant Director of Agriculture,
Fisheries and Conservation—
(i) under section 10(1)(a) on an application for approval of
a genetically modified organism;
(ii) under section 11(5)(a) on a request to vary a prior
decision on an application for approval of a genetically
modified organism;
(iii) under section 12(1) to vary a prior decision on an
application for approval of a genetically modified
organism or on a request to vary such a prior decision.
(b) A direction of the Director of Agriculture, Fisheries and
Conservation, the Deputy Director of Agriculture, Fisheries
and Conservation or an Assistant Director of Agriculture,
Fisheries and Conservation—
(i) under section 12(7) on the safekeeping or disposal of a
genetically modified organism or a container containing
the organism;
(ii) under section 41(2) to dispose of a forfeited thing
through repatriation or destruction.
(c) A decision of the Director of Agriculture, Fisheries and
Conservation, the Deputy Director of Agriculture, Fisheries
and Conservation or an Assistant Director of Agriculture,
Fisheries and Conservation under section 16(3)(a) to enter
certain information submitted for the approval of a
genetically modified organism in the register. (Added 7 of
2010 s. 55)
68. Bunker Oil Pollution (Liability and
Compensation) Ordinance (Cap 605)
(a) A decision of the Director of Marine or a person authorized
under section 25(1) to refuse to issue an insurance certificate
under section 16.
(b) A decision of the Director of Marine or a person authorized
under section 25(1) to impose any condition under section 16.
(c) A decision of the Director of Marine or a person authorized
Cap 442 - Administrative Appeals Board Ordinance 20
under section 25(1) to cancel an insurance certificate under
section 17.
(d) A decision of the Director of Marine to refuse to grant an
exemption under section 23.
(e) A decision of the Director of Marine to impose any condition
under section 23. (Added 14 of 2009 s. 40)
69. Residential Care Homes (Elderly
Persons) Ordinance (Cap 459)
A decision of the Director of Social Welfare under section 7, 8, 9
or 10(1). (Added 12 of 2011 s. 31)
70. Residential Care Homes (Persons with
Disabilities) Ordinance (Cap 613)
A decision of the Director of Social Welfare under section 7, 8,
9(1), 11 or 12. (Added 12 of 2011 s. 31)
71. Companies Ordinance (Cap 622) (a) A direction of the Registrar of Companies under section
109(1) to change a company name.
(b) A decision of the Registrar of Companies to serve a notice
under section 780(1)(b). (Added 28 of 2012 ss. 912 & 920)
72. Fisheries Protection Ordinance (Cap
171)
A decision of the Director of Agriculture, Fisheries and
Conservation—
(a) to refuse to register a vessel on application made under
section 14, 19 or 21;
(b) to impose conditions under section 16;
(c) to add, remove or amend any conditions or refuse to do so
under section 17;
(d) to cancel a registration under section 24;
(e) to refuse to issue or renew a research fishing permit under
section 25;
(f) to impose conditions in respect of a research fishing
permit under section 25(3); and
(g) to cancel a research fishing permit under section 29.
(Added 13 of 2012 s. 20)
73. Pesticides Ordinance (Cap 133) A decision of the Director of Agriculture, Fisheries and
Conservation—
(a) to refuse to register a pesticide under section 5(3)(b);
(b) to register a pesticide subject to conditions under section
5(5);
(c) to cancel or suspend the registration of a pesticide, or to
modify, add to or cancel any condition, under section 6;
(d) to refuse to issue a licence or permit under section 9(2)(b);
(e) to issue a licence subject to conditions under section 9(5);
(f) to issue a permit subject to conditions under section 9(7);
(g) to vary the particulars of a licence or permit, or to modify,
add to or cancel the conditions of a licence or permit,
under section 9(8);
(h) to cancel or suspend a licence under section 10;
(i) to cancel a permit under section 11;
(j) to confirm or vary under section 13(3)(b) the directions
given under section 13(1). (Added 14 of 2013 s. 28)
(Amended E.R. 1 of 2012; E.R. 1 of 2015)
(Enacted 1994)
____________________________________________________________________________
Note:
The following enactments also give a right of appeal to the Administrative Appeals Board-
s. 19 of the Merchant Shipping (Local Vessels)(Dwelling Vessels) Regulation (Cap 548 sub. leg. A).
Cap 442 - Administrative Appeals Board Ordinance 21
s. 53 of the Merchant Shipping (Local Vessels)(Certification and Licensing) Regulation (Cap 548 sub. leg. D).
s. 11 of the Merchant Shipping (Local Vessels)(Typhoon Shelters) Regulation (Cap 548 sub. leg. E).
s. 47 of the Merchant Shipping (Local Vessels)(General) Regulation (Cap 548 sub. leg. F).
s. 86 of the Merchant Shipping (Local Vessels)(Safety and Survey) Regulation (Cap 548 sub. leg. G).
s. 10 of the Merchant Shipping (Local Vessels)(Compulsory Third Party Risks Insurance) Regulation (Cap 548
sub. leg. H).
s. 72 of the Merchant Shipping (Local Vessels)(Works) Regulation (Cap 548 sub. leg. I).
s. 42 of the Hazardous Chemicals Control Ordinance (Cap 595).
